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  • h4 stamping

    I got my h1 approval on aug 2010, but the pay rate mentioned in the approval is higher than the pay mentioned in my pay stub. i tried talking to my employer for a pay increase but he will not increase my pay. So i am scared to get my h1 stamped in india .
    Should i leave my job now and go back to India, Because by April i am planning to come back to USA on h4 after marriage and when i go for my h4 stamping i am afraid that when the VO asks my pay stub to check if i was legally present in USA during my stay in USA he'll question me as to why my pay was less that what is mentioned in the h1b document. what should i do? should i just leave my job and return by jan 2011 or can continue working till march 2011 and leave for my marriage and return on h4?

  • #2
    Employer MUST pay the rate mentioned on the LCA at the mimimum or they are violating the law. Complain to DOL if that is not the case. Offer letter if higher than the Prewailing wage, as long as the mim wage is met, you should be fine. You may need a new offer letter.

    https://www.immihelp.com/h1-visa-holder-rights/

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      thank you txh1b ,
      My fiance wants me to come back on h4 visa as he feels there may be a problem when i go for h1 stamping. i would like to know if would there be a problem for me to get my h4 stamped. i do have my pay stubs intact, though the pay mentioned is less than tht mentioned in my h1b.

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      • #4
        Complain to DOL as this will be an issue for you anytime in the future. There are cases where USCIS has asked for W2s from 2004 also and compare it to the LCA.

        Your employer MUST pay you the LCA salary or you will be in trouble irrespective of H1 or H4 in the future.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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